The Caldarone Law Group, P.A.

Impairment subject of debate in trial

Florida residents who have been involved in accidents in which they are accused of having been impaired by alcohol or drugs can sometimes face a long defense process, especially if the two sides in the case do not agree about the alleged impairment. An example of this can be seen in a case involving an accident that took place on a Friday afternoon near Wauchula in December of 2011.

A man was reportedly seen driving erratically both in terms of his speed and the way he maneuvered his truck along State Road 64. He then drove into oncoming traffic and hit a passenger sedan. The two women in the sedan died in the crash. The defendant's team asserted through the testimony of a doctor that the amount of drugs found in his system were within reason for someone who had been prescribed them. Furthermore, the doctor said the drugs at that level would not necessarily have prevented him from driving.

On the other side, however, the prosecution offered views from forensic professional who stated the amount of methamphetamine found in the man's body pointed to both impairment and recreational, not medicinal use. After hearing testimony, a jury did convict the man of DUI manslaughter and he will now face sentencing in October. His minimum sentence could be 20 years in prison with a maximum of life. It is not clear yet if an appeal will be launched.

Defendants in the midst of these challenging and serious charges might want to talk with an attorney to understand how they can advocate for their rights.

Source: Naples Daily News, "Truck driver convicted of DUI manslaughter in 2011 deaths of two Naples women," Brent Batten, August 25, 2017

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